Monthly Archives: April 2013

04.30.13
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EU Court strikes down an Iranian sanctions listing

The General Court of the European Union ruled on December 5, 2012 that Qualitest FZE should no longer be sanctioned under Council Regulation 267/2012 (aka “the 2012 Regulation”). The judgment was published on January 26th, but was not “in force” until Monday, when Her Majesty's Treasury removed the company from its Consolidated List.

Qualitest FZE was listed in Annex IX of the Regulation, which lists individuals and entities which:

  1. (a) being engaged in, directly associated with, or providingsupport for Iran's proliferation-sensitive nuclear activitiesor the development of nuclear weapon delivery systemsby Iran, including through involvement in the procurementof prohibited goods and technology, or being owned orcontrolled by such a person, entity or body, includingthrough illicit means, or acting on their behalf or at theirdirection;

  2. (b) being a natural or legal person, entity or body that hasassisted a listed person, entity or body to evade or violatethe provisions of this Regulation, Council Decision2010/413/CFSP or UNSCR 1737 (2006), UNSCR 1747(2007), UNSCR 1803 (2008) and UNSCR 1929 (2010);

  3. (c) being a member of the Islamic Revolutionary Guard Corpsor a legal person, entity or body owned or controlled by theIslamic Revolutionary Guard Corps or by one of more of itsmembers, or natural or legal persons acting on their behalf;

  4. (d) being other persons, entities or bodies that provide support,such as material, logistical or financial support, to theGovernment of Iran, and persons and entities associatedwith them;

  5. (e) being a legal person, entity or body owned or controlled bythe Islamic Republic of Iran Shipping Lines (IRISL), or actingon their behalf.

While it's nice to see justice served, almost 5 months from judgment to execution? The old saw “justice deferred is justice denied,” a quote attributed by some sources to British politician William Gladstone, comes to mind.

Links:

HMT Notice

Court Judgment (from Official Journal of the European Union)

2012 Regulation

 

04.29.13
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The OFAC Book of Why: Transnational Criminal Organizations

Executive Order 13581, signed July 25 2011, invoked powers under the International Emergency Economic Powers Act (IEEPA), the National Emergencies Act (NEA) and section 301 of title 3 of the United States Code. It cited transnational criminal organizations (TCOs) as posing a threat to the economy, security and foreign policy of the US, and blocked all property of the listed people and organizations.

Criminal penalties range up to $1 million in fines and up to 20 years in prison. Civil penalties are consistent with IEEPA, maxing out at $250,000 or twice the transaction amount, whichever is larger.

 

04.26.13
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OSFI updates thirteen terrorist listings

In accordance with the UN's changes made on Monday, April 22, OSFI has updated its Consolidated list for these listings:

TI.M.7.01. Name: 1: ABDUL LATIF 2: MANSUR 3: na 4: na
Name (original script): عبداللطیف منصور
Title: Maulavi Designation: Minister of Agriculture under the Taliban regime DOB: Approximately 1968 POB: a) Zurmat District, PaktiaProvince, Afghanistan b) Garda Saray District, Paktia Province, Afghanistan Good quality a.k.a.: a) Abdul Latif Mansoor b) Wali Mohammad Low quality a.k.a.: na Nationality: Afghan Passport no.: na National identification no.: na Address: na Listed on: 31 Jan. 2001 (amended on 3 Sep. 2003, 18 Jul. 2007, 21 Sep. 2007, 13 Feb. 2012, 18 May 2012) Other information: Member of Taliban Miram Shah Shura, as of May 2007. Member of the Taliban Supreme Council and Head of Council's Political Commission as at 2009. Taliban commander in Eastern Afghanistan as of 2010. Taliban member responsible for Nangarhar Province, Afghanistan as of late 2009. Taliban Shadow Governor for LogarProvince as of late 2012.Believed to be in Afghanistan/Pakistan border area. Belongs to Sahak tribe (Ghilzai). Review pursuant to Security Council resolution 1822 (2008) was concluded on 27 Jul. 2010.


TI.N.13.01. Name:1: MOHAMMAD NAIM 2: NAIM BARICH 3: KHUDAIDAD 4: na
Name (original script): محمد نعیم بریځخدایداد

Title: Mullah Designation: Deputy Minister of Civil Aviation under the Taliban regime DOB:Approximately 1975 POB: a) Lakhi village,Hazarjuft Area, Garmsir District, Helmand Province, Afghanistan b) Laki village, Garmsir District, Helmand Province, Afghanistan c) Lakarivillage, Garmsir District, Helmand Province, Afghanistan d) Darvishan, Garmsir District, Helmand Province, Afghanistan e) De Luy Wiyalahvillage, Garmsir District, Helmand Province, Afghanistan Good quality a.k.a.: a) Mullah Naeem Barech b) Mullah Naeem Baraich c) MullahNaimullah d) Mullah Naim Bareh e) Mohammad Naim, (previously listed as) f) Mullah Naim Barich g) Mullah Naim Barech h) Mullah NaimBarech Akhund i) Mullah Naeem Baric j) Naim Berich k) Haji Gul Mohammed Naim Barich l) Gul Mohammad m) Haji Ghul Mohammad n) GulMohammad Kamran o)Mawlawi Gul Mohammad Low quality a.k.a.: Spen Zrae Nationality: Afghan Passport no.: na National identification no.: na Address: na Listed on: 23 Feb. 2001 (amended on 3 Sep. 2003, 9 Jul. 2007, 21 Sep. 2007, 13 Feb. 2012, 13 Aug. 2012) Other information: Member of the Taliban Gerd-e-Jangal Council as of Jun. 2008.Member of the Taliban Military Commission as of March 2010. Taliban member responsible for Helmand Province, Afghanistan from 2008. Believed to be in Afghanistan/Pakistan border area. Belongs to Barich tribe. Review pursuant to Security Council resolution 1822 (2008) was concluded on 1 Jun. 2010.

TI.H.43.01. Name: 1: DIN MOHAMMAD 2: HANIF 3: na 4: na
Name (original script): دین محمدحنیف

Title: Qari Designation: a) Minister of Planning under the Taliban regime b) Minister of Higher Education under the Taliban regime DOB:Approximately 1955 POB: Shakarlab village, Yaftali Pain District, Badakhshan Province, Afghanistan Good quality a.k.a.: a) Qari Din Mohammad b) Iadena Mohammad, born 1 Jan. 1969 in Badakhshan, Nationality: Afghan Passport no.: number OA 454044 Low quality a.k.a.:na Nationality: Afghan Passport no.: na National identification no.: na Address: na Listed on: 25 Jan. 2001 (amended on 3 Sep. 2003, 9 Jul. 2007, 21 Sep. 2007, 29 Nov. 2011, 25 Oct. 2012) Other information: Member of Taliban Supreme Council responsible for Takhar andBadakhshan provinces. Believed to be in Afghanistan/Pakistan border area. Review pursuant to Security Council resolution 1822 (2008) was concluded on 27 Jul. 2010.


TI.O.88.01. Name: 1: ABDUL JABBAR 2: OMARI 3: na 4: na
Name (original script): عبدالجبار عمری
Title: Maulavi Designation: Governor of Baghlan Province under the Taliban regime DOB: Approximately 1958 POB: Zabul Province, Afghanistan Good quality a.k.a.: na Low quality a.k.a.: a) Mullah Jabbar b) Muawin Jabbar Nationality: Afghan Passport no.: na National identification no.: na Address: na Listed on: 23 Feb. 2001 (amended on 3 Sep. 2003, 21 Sep. 2007, 29 Nov. 2011) Other information:Taliban member responsible for Zabul Province, Afghanistan as at 2008. Belongs to Hottak tribe. Review pursuant to Security Council resolution 1822 (2008) was concluded on 1 Jun. 2010.

TI.A.106.01. Name: 1: MOHAMMAD SHAFIQ 2: AHMADI 3: FATIH KHAN 4: na
Name (original script): محمد شفیق احمدی فاتح خان

Title: Mullah Designation: Governor of Samangan Province under the Taliban regime DOB: 1956-1957 POB: Charmistan village, Tirin KotDistrict, Uruzgan Province, Afghanistan Good quality a.k.a.: Mohammad Shafiq Ahmadi (previously listed as) Low quality a.k.a.: na Nationality: Afghan Passport no.: na National identification no.: na Address: na Listed on: 23 Feb. 2001 (amended on 3 Sep. 2003, 21 Sep. 2007, 1 Jun. 2012, 13 Aug. 2012) Other information: Taliban Shadow Governor for Uruzgan Province as of late 2012.Belongs to Hottaktribe. Review pursuant to Security Council resolution 1822 (2008) was concluded on 27 Jul. 2010.


TI.D.113.01. Name: 1: SHAHABUDDIN 2: DELAWAR 3: na 4: na
Name (original script): شهاب الدين دلاور

Title: Maulavi Designation: Deputy of High Court under the Taliban regime DOB: a) 1957 b) 1953 POB: Logar Province, Afghanistan Good quality a.k.a.: na Low quality a.k.a.: na Nationality: Afghan Passport no.: na Afghan passport number OA296623 National identification no.: na Address: na Listed on: 23 Feb. 2001 (amended on 3 Sep. 2003, 18 Jul. 2007, 21 Sep. 2007, 29 Nov. 2011) Other information:Deputy Head of Taliban Embassy in Riyadh, Saudi Arabia until 25 Sept. 1998. Believed to be in Afghanistan/Pakistan border area. Review pursuant to Security Council resolution 1822 (2008) was concluded on 27 Jul. 2010.


TI.H.144.07. Name: 1: SIRAJUDDIN 2: JALLALOUDINE 3: HAQQANI 4: na
Name (original script): سراج الدين جلال الدين حقانى

Title: na Designation: Na'ib Amir (Deputy Commander) DOB: Approximately 1977/1978 POB: a) Danda, Miramshah, North Waziristan, Pakistan b) Srana village, Garda Saray district, Paktia province, Afghanistan c) Neka district, Paktika province, Afghanistan d) Khost province, Afghanistan Good quality a.k.a.: a) Siraj Haqqani b) Serajuddin Haqani c) Siraj Haqani d) Saraj Haqani Low quality a.k.a.: Khalifa Nationality: Afghan Passport no.: na National identification no.: na Address: a) Kela neighborhood/Danda neighborhood, Miramshah, North Waziristan, Pakistan b) Manba'ul uloom Madrasa, Miramshah, North Waziristan, Pakistan c) Dergey Manday Madrasa, Miramshah, North Waziristan, Pakistan Listed on: 13 Sep. 2007 Other information: Since 2004, major operational commander in eastern and southern regions of Afghanistan, Heading the Haqqani Network (TE.H.12.12.) as of late 2012. Son of Jallaloudine Haqani (TI.H.40.01.). Belongs to Sultan Khelsection, Zardan Zadran tribe of Garda Saray of Paktia province, Afghanistan. Believed to be in the Afghanistan/Pakistan border area. Review pursuant to Security Council resolution 1822 (2008) was concluded on 27 Jul. 2010.


TI.H.150.11. Name: 1: KHALIL 2: AHMED 3: HAQQANI 4: na
Name (original script): خلیل احمد حقانی
Title: Haji Designation: na DOB: a) 1 Jan. 1966 b) Between 1958 and 1964 POB: Sarana Village, Garda Saray area, Waza Zadran District,Paktia Province, Afghanistan Good quality a.k.a.: a) Khalil Al-Rahman Haqqani b) Khalil ur Rahman Haqqani c) Khaleel Haqqani Low quality a.k.a.: na Nationality: Afghan Passport no.: na National identification no.: na Address: a) Peshawar, Pakistan b) Near Dergey MandayMadrasa in Dergey Manday Village, near Miram Shah, North Waziristan Agency (NWA), Federally Administered Tribal Areas (FATA), Pakistan c) Kayla Village, near Miram Shah, North Waziristan Agency (NWA), Federally Administered Tribal Areas (FATA), Pakistan d) Sarana ZadranVillage, Paktia Province, Afghanistan Listed on: 9 Feb. 2011 (amended on 1 Jun. 2012) Other information: Senior member of the HaqqaniNetwork (TE.H.12.12.), which operates out of North Waziristan in the Federally Administered Tribal Areas of Pakistan. Has previously traveled to, and raised funds in, Dubai, United Arab Emirates. Brother of Jalaluddin Haqqani (TI.H.40.01.) and uncle of Sirajuddin Jallaloudine Haqqani(TI.H.144.07.).

TI.H.146.10. Name: 1: NASIRUDDIN 2: HAQQANI 3: na 4: na
Name (original script): نصیر الدین حقانی
Title: na Designation: na DOB: Approximately 1970-1973 POB: Neka District, Paktika Province, Afghanistan Good quality a.k.a.: a) NaseerHaqqani b) Dr. Naseer Haqqani c) Nassir Haqqani d) Nashir Haqqani Low quality a.k.a.: a) Naseruddin b) Dr. Alim Ghair Nationality: Afghan Passport no.: na National identification no.: na Address: Pakistan Listed on: 20 Jul. 2010 (amended on 29 Jul. 2011, 18 May 2012) Other information: A leader of the Haqqani Network (TE.H.12.12.), which operates out of North Waziristan in the Federally Administered Tribal Areas of Pakistan. Son of Jalaluddin Haqqani (TI.H.40.01.). Has travelled to Saudi Arabia and the United Arab Emirates to raise funds for the Taliban.

TI.A.155.11. Name: 1: ABDUL AZIZ 2: ABBASIN 3: na 4: na
Name (original script): عبد العزيز عباسین

Title: na Designation: na DOB: 1969 POB: Sheykhan Village, Pirkowti Area, Orgun District, Paktika Province, Afghanistan Good quality a.k.a.: Abdul Aziz Mahsud Low quality a.k.a.: na Nationality: na Passport no.: na National identification no.: na Address: na Listed on:4 Oct. 2011 Other information: Key commander in the Haqqani Network (TE.H.12.12.) under Sirajuddin Jallaloudine Haqqani (TI.H.144.07.). Taliban Shadow Governor of for Orgun District, Paktika Province, Afghanistan as of early 2010. Operated a training camp for non-Afghan fighters in Paktika Province. Has been involved in the transport of weapons to Afghanistan.

TI.R.157.12. Name: 1: FAZL 2: RABI 3: na 4: na
Name (original script): فضل ربيع
Title: na Designation: Senior official in Konar Province during the Taliban regime DOB: a) 1972 b) 1975 POB: a) Kohe Safi District, ParwanProvince, Afghanistan b) Kapisa Province, Afghanistan c) Nangarhar Province, Afghanistan d) Kabul Province, Afghanistan Good quality a.k.a.: a) Fazl Rabbi b) Fazal Rabi c) Faisal Rabbi Low quality a.k.a.: na Nationality: na Passport no.: na National identification no.: na Address: na Listed on: 6 Jan. 2012 Other information: Represents and provides financial and logistical support to the Haqqani Network(TE.H.12.12.), which is based in Afghanistan/Pakistan border area. Member of the Taliban Financial Council. Has travelled abroad to raise funds on behalf of Sirajuddin Jallaloudine Haqqani (TI.H.144.07.), Jalaluddin Haqqani (TI.H.40.01.), the Haqqani network and the Taliban. Believed to be in Afghanistan/Pakistan border area.

TI.W.159.12. Name: 1: AHMED JAN 2: WAZIR 3: na 4: na
Name (original script): احمد جان وزیر
Title: na Designation: Official of the Ministry of Finance during the Taliban regime DOB: 1963 POB: Barlach Village, Qareh Bagh District,Ghazni Province, Afghanistan Good quality a.k.a.: a) Ahmed Jan Kuchi b) Ahmed Jan Zadran Low quality a.k.a.: na Nationality: naPassport no.: na National identification no.: na Address: na Listed on: 6 Jan. 2012 Other information: Key commander of the HaqqaniNetwork (TE.H.12.12.), which is based in Afghanistan/Pakistan border area. Acts as deputy, spokesperson and advisor for Haqqani Network senior leader Sirajuddin Jallaloudine Haqqani (TI.H.144.07.). Liaises with the Taliban Supreme Council. Has travelled abroad. Liaises with and provides Taliban commanders in Ghazni Province, Afghanistan, with money, weapons, communications equipment and supplies.

TI.Q.165.12. Name: 1: MOHAMMED QASIM 2: SADOZAI MIR WALI 3: KHUDAI RAHIM 4: na
Name (original script): محمد قاسم سدوزای میر ولی خدايرحيم
Title: Haji Designation: na DOB: Between 1975 and 1976 POB: a) Minar village, Garmser District, Helmand Province, Afghanistan b) DarweshanVillage, Garmser District, Helmand Province Good quality a.k.a.: a) Muhammad Qasim b) Abdul Salam Low quality a.k.a.: na Nationality:Afghan Passport no.: na National identification no.: a) Afghan national identification card (tazkira) number 57388 issued in LashkarGah District, Helmand Province, Afghanistan b) Residential card number 665, Ayno Maina, Kandahar Province, Afghanistan Address: a) Wesh, Spin Boldak District, Kandahar Province, Afghanistan b) Safaar Bazaar, Garmser District, Helmand Province, Afghanistan c) Room number 33, 5th Floor Sarafi Market, Kandahar City, Kandahar Province, Afghanistan Listed on: 21 Nov. 2012 Other information: Owner of Rahat Ltd. (TE.R.13.12.). Involved in the supply of weapons for Taliban, including improvised explosive devices (IED). Father’s name is Haji Mullah Wali. Alternative father’s name is Haji Sadozai. Grandfather’s name is Khudai Rahim. Arrested in 2012 and in custody in Afghanistan as of January 2013.Associated with Rahat Ltd. (TE.R.13.12.).

These are the same changes that DFAT instituted on Tuesday. I list them here because of something I noticed in the OSFI notice which had slipped my notice previously.

OSFI's notice begins with the following in bold text:

This notice is directed to the attention of all banks, authorized foreign banks, trust and loan companies, cooperative credit societies, life insurance companies, property and casualty insurance companies and fraternal benefit societies.

In contrast to the US, where OFAC regulations apply to all “US persons” and where OFAC is not a financial services regulator, OSFI only has juice with the those with the keys to the vault…

Links:

OSFI notice

United Nations Security Council (UNSC) press release

 

04.26.13
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Toyota recalled (not fondly) by OFAC

Toyota Motor Credit Corporation, between 2008 and 2010, processed 26 loan payments totaling $14,449 for a person sanctioned under the Kingpin Act. The base penalty was $26,000 ($1000 for each of the 26 violations, each of which were in the lowest tier of the penalty schedule), but the resultant fine was $23,400.

Let's go to the videotape – and hear why from the horse's mouth:

Mitigation was extended because TMCC has not received a penalty notice or a Finding of Violation from OFAC in the five years preceding the date of the transactions giving rise to the apparent violations; the apparent violations processed by TMCC likely would have been licensed by OFAC under licensing policy existing at the time of the apparent violations; TMCC cooperated with OFAC throughout its investigation; and TMCC took appropriate remedial action in response to these apparent violations. Mitigation for these general factors was offset by the following aggravating factors in this case: From OFAC’s perspective, TMCC’s failure to conduct an adequate review of an alert warning of a possible OFAC violation for nearly one year constituted a reckless disregard for U.S. sanctions requirements. Moreover, an employee TMCC had placed in charge of OFAC compliance for its retail and lease portfolios, who was aware that the institution may have been maintaining an account for an SDNT, failed to exercise what OFAC considered to be a minimum degree of caution in avoiding the apparent violations by clearing the alert without appropriate investigation after being unable to locate the relevant TMCC customer file; TMCC is a commercially sophisticated financial institution; and TMCC’s compliance program at the time of the apparent violations was not adequate to handle the company’s volume of business.

That's what they call an unforced error – and a costly one. Funny enough, though – even with all that went badly here, it's still one of those penalties that OFAC hides behind an extra click (Recent Actions Page to the Enforcement Actions page to the actual story). Maybe the criteria ought to be severity of action instead of amount of fine.

Link:

OFAC Enforcement Information

 

04.25.13
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FinCEN gives FATF some props

How? By issuing two advisories that basically reprint FATF's recent roundup of deficient jurisdictions that are not making progress on addressing the weaknesses in their AML/CFT regimes, and the separate group of deficient jurisdictions that have weaknesses in their programs, but have committed to shoring things up.

Links:

FinCEN advisory on FATF-identified deficient jurisdictions making insufficient progress on AML/CFT controls or are subject to countermeasures

FinCEN advisory of FATF-identified deficient jurisdictions who have made a commitment to improve their AML/CFT regimes

 

04.25.13
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April 24, 2013: HMT removes one person from Libyan program

Council Implementing Regulation (EU) No 364/2013 removes the following person from HMT's Libyan sanctions program (as well as the EU's program):

1. ASHKAL, Al-Barrani
Position: Deputy Director, Military Intelligence
Other Information: EU listing. Not UN. Senior member of regime.Group ID: 11653

The Libyan program sanctioned individuals involved in human rights abuses in Libya. Since the original regulation was from 2011, it's fair to assume it specifically was focused on those oppressing the Libyan populace during the last days of the Qaddafi (choose your spelling – there are so many) regime.

Also note that this sanctions action is purely HMT and EU – there is no reference in either the HMT release or the underlying EU regulation that refers to a United Nations action.

Links:

HMT news release

Council Implementing Regulation (EU) No 364/2013

 

04.25.13
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New General License for OFAC Zimbabwe Program

On Wednesday, OFAC issued General License No. 1 for the Zimbabwe sanctions program. It authorizes transactions with the Agricultural Development Bank of Zimbabwe and the Infrastructure Development Bank of Zimbabwe, as long as it doesn't involve someone who is explicitly sanctioned.

The General License has now been added to the Licenses page on the site.

Links:

OFAC news release

Zimbabwe General License No. 1